(a) Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.
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Terms Used In Alaska Statutes 13.52.060

  • advance health care directive: means an individual instruction or a durable power of attorney for health care. See Alaska Statutes 13.52.390
  • agent: means an individual designated in a durable power of attorney for health care to make a health care decision for the individual granting the power. See Alaska Statutes 13.52.390
  • available: means , when referring to a person, that the
    (A) person's existence is known. See Alaska Statutes 13.52.390
  • cardiopulmonary resuscitation: means an attempt to restore spontaneous circulation. See Alaska Statutes 13.52.390
  • do not resuscitate order: means a directive from a licensed physician, advanced practice registered nurse, or physician assistant that emergency cardiopulmonary resuscitation should not be administered to a qualified patient. See Alaska Statutes 13.52.390
  • generally accepted health care standards: includes the protocol for do not resuscitate orders that is adopted under Alaska Stat. See Alaska Statutes 13.52.390
  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Alaska Statutes 13.52.390
  • health care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate regarding the individual's health care, including
    (A) selection and discharge of health care providers and institutions. See Alaska Statutes 13.52.390
  • health care facility: means a nursing home, a rehabilitation center, a long-term care facility, and any other health care institution that administers health care and that provides overnight stays in the ordinary course of the facility's business. See Alaska Statutes 13.52.390
  • health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Alaska Statutes 13.52.390
  • health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Alaska Statutes 13.52.390
  • hospital: means a facility
    (A) licensed, accredited, or approved as a hospital under the laws of this state. See Alaska Statutes 13.52.390
  • individual instruction: means an individual's direction concerning a health care decision for the individual. See Alaska Statutes 13.52.390
  • mental health facility: has the meaning given to "designated treatment facility" in Alaska Stat. See Alaska Statutes 13.52.390
  • person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, government, governmental subdivision, governmental agency, or another legal or commercial entity. See Alaska Statutes 13.52.390
  • supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for an individual's health care. See Alaska Statutes 13.52.390
  • surrogate: means an individual, other than a patient's agent or guardian, authorized under this chapter to make a health care decision for the patient. See Alaska Statutes 13.52.390
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate shall promptly record its existence in the patient’s health care record, shall request a copy if it is in writing, and shall arrange for its maintenance in the health care record if a copy is furnished.
(c) A supervising health care provider who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, a guardian, or a surrogate, shall promptly record the determination in the patient’s health care record and communicate the determination to the patient, if possible, and to any person then authorized to make health care decisions for the patient.
(d) Except as provided in (e), (f), and (i) of this section and by Alaska Stat. § 13.52.253, a health care provider, health care institution, or health care facility providing care to a patient shall comply with

(1) an individual instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient; and
(2) a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.
(e) A health care provider may decline to comply with an individual instruction or a health care decision for reasons of conscience, except for a do not resuscitate order. A health care institution or health care facility may decline to comply with an individual instruction or health care decision if the instruction or decision is contrary to a policy of the institution or facility that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.
(f) A health care provider, health care institution, or health care facility may decline to comply with an individual instruction or a health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the provider, institution, or facility. In this subsection, “medically ineffective health care” means health care that according to reasonable medical judgment cannot cure the patient’s illness, cannot diminish its progressive course, and cannot effectively alleviate severe discomfort and distress.
(g) A health care provider, health care institution, or health care facility that declines to comply with an individual instruction or a health care decision shall

(1) promptly inform the patient, if possible, and any person then authorized to make health care decisions for the patient that the provider, institution, or facility has declined to comply with the instruction or decision;
(2) provide continuing care to the patient until a transfer is effected; and
(3) unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately cooperate and comply with a decision by the patient or a person then authorized to make health care decisions for the patient to transfer the patient to another health care institution, to another health care facility, to the patient’s home, or to another location chosen by the patient or by the person then authorized to make health care decisions for the patient.
(h) Except as provided for civil commitments under Alaska Stat. § 47.30.817, a health care provider, health care institution, or health care facility may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care.
(i) Notwithstanding the exception in (e) of this section for do not resuscitate orders, a health care provider may perform cardiopulmonary resuscitation or other resuscitative measures on a patient even if there is a do not resuscitate order for the patient if the condition requiring cardiopulmonary resuscitation or other resuscitative measures is precipitated by complications arising out of medical services being provided by the health care provider to the patient.
(j) The provisions of (i) of this section do not apply when a health care provider performs emergency medical services on a patient in the field, unless an online physician orders the health care provider to perform cardiopulmonary resuscitation or other resuscitative measures; in this subsection,

(1) “health care provider” does not include a physician;
(2) “in the field” does not include in a health care facility, health care institution, hospital, or mental health facility;
(3) “online physician” means a physician who is immediately available in person or by radio or telephone, when medically appropriate, for communication of medical direction to health care providers.
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